Every state and the federal government has passed legislation and rules that protect workers’ rights. The field of workers’ compensation law, however, has become increasingly complex. Different worker protection statutes exist in different states that cover different types of injuries, different types of accidents, and different illness or disease. It is a wonder that workers know what protections they have at all.
Ultimately the goal of workers’ compensation insurance is to establish a system in every state that pays the expenses of employees who are harmed while performing job-related duties. Employees can recover lost wages, medical expenses, disability payments, and costs associated with rehabilitation and retraining.
A brief note on this topic
Before delving further into details on the various programs that govern workers’ rights, it is helpful to understand the reason for these programs. More importantly, knowing what the rules are before you need to follow them can make the process easier, as rules can be amended or changed.
Be that as it may, in the event that you own a company that hires employees, you should understand that this compensation is considered social insurance. This is important because that is the only thing that bridges the gap between the worker and the manager.
You also need to know that the business or employer usually purchases workers’ compensation insurance, and insurance companies generally underwrite it. A workplace accident victim can hire a workplace injury attorney and file a claim for workers’ compensation. If the employee’s injury occurred at the jobsite or while engaged in employment activities, the employee or worker can seek compensation through workers’ compensation insurance.
The way workers’ compensation is determined
There is a definite way the amount of workers’ compensation premiums are determined. That process is mainly secret. Businesses in each state that actively depend upon workers are usually grouped into categories that define the severity of the injury or the loss that the worker has incurred.
You should know that an active system called experience rating allows you to modify the rate of the employee class which depends on the history of the business. This system also enables business owners to have significant control over the amount of insurance premiums.
The coming and going rule
It would be hard to argue against the fact that employers should be responsible for the losses and injuries of a worker when an accident happens on the jobsite. Employer liability might include medical bills and lost income while the employee is unable to work. This is why employers purchase workers’ compensation insurance.
The injury does not necessarily have to happen at the workplace to be covered by your employer’s insurance. According to the coming and going rule, it is not necessary that the injury happened on the worksite to qualify for compensation. An accident that occurred at a work-sponsored event or party, for example, may also be covered in some cases.
According to the coming and going rule, workers’ compensation insurance is not applicable to injuries that occur while commuting to or from work; however, there are a few exceptions. Many argue that the commute is purely job-related, but the coming and going rule is not intended to apply to that purpose.
Considering a few instances, such as traveling from point A to point B where A happens to be the home and B the worksite, an accident is not likely to be regarded as work-related. On the other hand, driving to multiple worksites may fall under the coming and going rule. Industry experts suggest consulting a workers compensation lawyer before taking any steps after facing a workplace accident.
A few exceptions to the coming and going rule
You need to know the specific exceptions to the coming and going rule. As mentioned above, driving to multiple worksites might not affect your claim. Likewise, there are a few exceptions that are discussed below:
- While commuting in a company car: The coming and going rule excludes the worker if he travels in his personally owned car. However, commuting in a company-owned vehicle from a fixed location may be conducive to receiving workers’ compensation.
- When traveling is a significant part of the job: If the worker’s job is to travel, workers’ compensation insurance may cover any accidents. As long as the injury occurs while the worker is traveling primarily for work, he will likely be covered.
- In case of a special mission: If an employee is commuting to a special event for a special mission, the worker may be entitled to benefits.
- In case of an after-hours visit to the site: When the worker visits the job site after normal hours of business, the worker may not get compensation benefits for any injuries that occur, unless he or she was ordered to the job site as a part of normal employment activities.
- Sidewalks or parking lots: On the off chance that the business claims ownership or engages in activities where authority is exerted over a parking garage, walkway or sidewalk, such as paying for maintenance or landscaping that has caused physical damage to the worker, the employee may be entitled to compensation for injuries that occur there.
The need for a legal professional
As you can see, the law is sufficiently complex and rules and regulations that govern workers rights are difficult to navigate. You can consult with a San Antonio Personal Injury Lawyer to help deal with any injuries you have incurred at a jobsite, or if you have been involved in an accident elsewhere. Their years of practice experience allow them to skillfully handle just about any situation.
Therefore, contact a knowledgeable attorney if you are seeking assistance with a workers’ compensation claim, especially if your employer is not being cooperative.